Jens has practiced appellate law exclusively for more than 10 years. He has handled appeals in a range of practice areas - from medical malpractice to partnership disputes - but his substantive experience and expertise is greatest in the intellectual property, anti-SLAPP, constitutional and media law arenas. A sampling of his very recent published decisions in this area include Jules Jordan Video, Inc. v. 144942 Canada Inc. (9th Cir. 2010) 617 F.3d 1146 [copyright, publicity]; Toyota Motor Sales, U.S.A., Inc. v. Tabari (9th Cir. 2010) 610 F.3d 1171 [domain name infringement]; Halicki v. Carroll Shelby International (9th Cir. 2008) 547 F.3d 1213 [trademark, copyright]; and Gallanis-Politis v. Medina (2007) 152 Cal.App.4th 600 [anti-SLAPP].
Being an appellate lawyer allows Jens to combine two of his passions, creative writing and rigorous analysis. Jens is a Certified Appellate Specialist, as certified by the State Bar of California Board of Legal Specialization, and an active member of the local appellate bar. He sits on the Appellate Courts section of the Los Angeles County Bar Association and is the Co-Membership Chair of the Los Angeles Intellectual Property American Inn of Court.
Before becoming an appellate lawyer, Jens spent 10 years as a litigator, so he also understands the realities of being a trial lawyer. Jens prides himself on understanding his clients' businesses and accomplishing their goals.
Jens' passion for comprehensive exploration of legal issues led him to teaching. He has taught Media Law & Ethics at California State University, Northridge since 1998. He also taught Media Law at California State University, Fullerton and was a teaching assistant for Legal Research & Writing at UCLA School of Law. Starting in law school and ever since, Jens has published articles and lectured on a variety of legal topics.
When he is not practicing appellate law, Jens enjoys backpacking, kayaking, tennis, yoga and spending time with his awesome wife and son and daughter among the critters and canyons of Topanga. He speaks fluent German and passable French, and has traveled extensively throughout the world. He is also a long-time member of the Board of Directors at Co-Opportunity, a cooperatively-owned natural foods grocery store in Santa Monica. On weekends, you might find Jens on a Southern California soccer pitch, sporting a volunteer AYSO referee uniform.
Professional Memberships and Activities
· Los Angeles County Bar Association: Member; Appellate Courts Section; Intellectual Property and Entertainment Law Section; State Appellate Judicial Evaluation Committee (2002-2011)
· The Judge Paul R. Michel Intellectual Property American Inn of Court: Co-Membership Chair (2011-2012); Team Captain (2010-2011); Honorable Mention for Best Actor (2008-2009 & 2009-2010); Best Team Presentation (2010-2011)
· Lecturer, Media Law & Ethics, California State University, Northridge (1998-present)
· UCLA School of Law: 1L Mentor Program
Distinctions
· Certified Appellate Specialist, State Bar of California Board of Legal Specialization (2009-present)
· Southern California Super Lawyers Rising Stars (2005-2006)
Speeches and Publications
Lectures
· Co-moderator, Judges' panel discussion, Judges' Night 2012, Los Angeles (March 2012)
· Continuing Education of the Bar, Civil Litigation Practice Annual Recent Developments (January 2006, 2009, 2010, 2011, 2012)
· "Copyright and Copy Wrong: Why Fashion is Different," Judge Paul R. Michel Intellectual Property American Inn of Court (February 2012)
· "You Can't Do That With Mickey & Minnie," Los Angeles Intellectual Property American Inn of Court (February 2011)
· "Buy Me Some Steroids And Cracker Jacks, We'll Make Sure They Never Come Back," Los Angeles Intellectual Property American Inn of Court (September 2009)
· "When There's A Hit, There's A Writ," Los Angeles Intellectual Property American Inn of Court (April 2009)
· "Appellate Writs in the California Court of Appeal: What Works and What Doesn't," Beverly Hills Bar Association, Litigation Section (January 2009)
· Appellate Court Experience Program, Los Angeles County Bar Association (April 2006)
· Battle in the Blogosphere: Bloggers, Reporters and the Future of Journalism, California State University Northridge Society of Professional Journalists First Amendment Freedom Forum (May 2005)
· Days of Dialogue, Los Angeles County Bar Association (2004)
Publications
· Fatal and sanctionable: Filing an untimely anti-SLAPP motion, Los Angeles Daily Journal (February 21, 2012)
· Getting your appeal off the ground is not as easy as it sounds, Los Angeles Daily Journal (September 1, 2011)
· You Stole My Idea - Contract Claim or Just Copyright? Los Angeles Daily Journal (June 1, 2011)
· "Important Decision - Copyright Preemption of Idea-Theft Claims" (May 23, 2011)
· Instructions Manual, Los Angeles Daily Journal (June 9, 2009)
· Don't Lose Track: Handling Jury Instructions at Trial, "Appellate Tips for Trial Lawyers" (a newsletter of the Los Angeles County Bar Association), Vol. 1, No. 10 (October 2008)
· Writers Blocked, Los Angeles Daily Journal (March 2008)
· What Triggers Your Time to Appeal: It's Not Sexy, But You Better Understand It, ABTL Report (Summer 2007)
· Case Furthers Trend Limiting Post-Appeal Judge Challenges, Los Angeles Daily Journal (December 8, 2005)
· Ruling Shows How to Identify Trade Secrets for Discovery, Los Angeles Daily Journal (November 7, 2005)
· Not So Fast - A Stipulated Reversal of Judgment Belies Its Name, ABTL Report (Summer 2005)
· An Agreement Does Not A Stipulated Reversal Make, Los Angeles Daily Journal (February 9, 2005)
· Co-author, "First Amendment in the Electronic Age: Free Speech vs. Market Regulation," chapter 12 in Securities in the Electronic Age (3rd ed. 2002)
· Co-author, "Media Law and Defamation Torts: Recent Developments," Tort & Insurance Law Journal 333 (1992)
· "Reporter Privilege: Shield or Sword? Applying a Modified Breach of Contract Standard When a Newsperson 'Burns' a Confidential Source," 42 Federal Communication Law Journal 277 (1990)
· "The University of California Hate Speech Policy: A Good Heart in Ill-Fitting Garb," 12 COMM/ENT 599 (1990)
· "The Legal Status of Reporter Privilege in Texas," 3 Southwestern Mass Communication Journal 33 (1987)
Articles
2/21/2012, Fatal and Sanctionable: Filing an Untimely Anti-SLAPP Motion
Not only can filing an anti-SLAPP motion more than 60 days after service of the complaint kill your motion, it might even result in sanctions against you. A recent state appellate court decision appears to sharpen the teeth in the 60-day filing requirement in Section 425.16(f).
Published in the Los Angeles Daily Journal.
10/5/2011, Email Alert - Getting Your Appeal Off the Ground is Not as Easy as it Sounds
Whether an order or judgment is appealable is not always obvious on its face. In a decision that only an appellate geek could love, the 4th District Court of Appeal recently held that for a dismissal order to be appealable it must be written and signed by the judge. This court also joined a chorus of other appellate courts, in holding that an order denying a reconsideration motion is not separately appealable. Sexy ruling, right? Maybe not, but a very important one for trial and appellate practitioners alike who want to make sure their appeals can lift off the ground.
5/23/2011, Email Alert - Important Decision - Copyright Preemption of Idea-Theft Claims
Does the claim that defendants stole the idea or concept you pitched only sound in copyright law or can you also proceed on an implied contract claim? In a very recent en banc decision, the 9th U.S. Circuit Court of Appeals resoundingly held that you can pursue both avenues. The opinion reversed a 2010 panel decision that has created some circuit conflict, and clears up any confusion about where the 9th Circuit stands on copyright preemption of idea-theft claims.
Events
3/27/2012, Judges' Night 2012
MPP partner Jens Koepke was co-moderator of the Judges' panel discussion at Judges' Night 2012, held at the Millennium Biltmore Hotel in Los Angeles. Jens will served as the representative from the Judge Paul R. Michel Intellectual Property American Inn of Court, a co-host of this event.
2/28/2012, Copyright and Copy Wrong: Why Fashion is Different
MPP partner Jens Koepke's team in The Judge Paul R. Michel Intellectual Property American Inn of Court presented a panel discussion on this topic on Tuesday, February 28, 2012.
1/28/2012, Civil Litigation Practice: 30th Annual Recent Developments
MPP partner Jens Koepke co-presented this CEB seminar on Saturday, January 28, from 9:00AM - 12:15PM at the Sheraton in downtown Los Angeles.
Description: Seasoned litigators, among some of the most well known and respected in their practice areas, will analyze and discuss the important issues decided in the past 12 months, giving you the strategic edge as you wind your way from initial pleadings to final resolution.
2/15/2011, Trademark and Copyright Law MCLE Skit
MPP attorney Jens B. Koepke led a team presenting a thought-provoking skit on trademark and copyright law at a meeting of the Intellectual Property American Inn of Court. The event took place on February 15, 2011 from 6:30 - 7:30 PM at the Kyoto Grand Hotel in Los Angeles.
1/29/2011, Civil Litigation Practice: 29th Annual Recent Developments
MPP attorney Jens B. Koepke hosted a CEB panel on this topic, which was a look-back at some of the notable appellate cases of 2010 that relate to civil litigation. The panel took place at the Wilshire Grand Los Angeles from 9:00 AM - 12:15 PM.